State v. WilliamsState v. Williams
Frasher Williams was charged by bill of information with aggravated arson in violation of
FACTS
The events leading up to defendant‘s conviction arose from his relationship with Naomi Stevenson, who worked as a maid at the London Lodge Motel on Airline Highway in New Orleans. Defendant had visited Ms. Stevenson at the motel on several occasions and was seen there by the owners at various times. On October 19, 1980, Hose LaFleur, Jr., one of the co-owners of the motel, called a taxi for Ms. Stevenson at the end of her shift. Fifteen minutes after she left, defendant appeared at the motel demanding to see Ms. Stevenson. LaFleur told defendant that Ms. Stevenson had left for the day and was no longer at the motel. According to LaFleur, defendant became insistent, apparently not believing him, and threatened, “If you don‘t want me to talk to Naomi, I‘m going to burn the damn place down.” LaFleur then ordered defendant off his property. Later that evening, defendant called the motel and demanded to speak to Ms. Stevenson. Again, after being informed of her absence, defendant threatened to burn the place down. Less than an hour later, defendant called the motel again and made the same demand. LaFleur repeatedly told him that Ms. Stevenson was not at the motel, and defendant responded with the same threat: “If you don‘t let me talk to Naomi, I‘m going to burn the ... place down.” After that call, LaFleur called the police and reported the threats of arson. A police officer came to the scene and a report was made.
The next morning, at about 8:30, defendant was seen walking past the motel toward a gas station with a plastic milk container in his hand. A short time later, defendant returned to the motel, still carrying the container. Paul Stevens, another co-owner of the motel, became concerned, called the police, and began to follow defendant. He saw defendant pour a liquid from the container onto the ground next to the motel, take a match, and set the liquid on fire in two different places. Flames rose two or three feet into the air, and the grass against the side of the building burned. The building was a part of the motel where rooms were located and was constructed of brick and wood. The flames made contact with the building and scorched the wall. Stevens ran to the fire and began stomping it out. Meanwhile, defendant had continued walking down the motel building pouring the liquid out of the container. Defendant made no attempt to flee the scene. Shortly thereafter, the police arrived and placed defendant under arrest. He was identified by Stevens as the man who started the fires. The estimated damage to the wall of the motel building was ten dollars.
ASSIGNMENT OF ERROR NO. 2
Defendant contends the trial judge erred in curtailing his examination of prospective jurors during voir dire with regard to their understanding of defendant‘s right not to testify. He argues that he was thereby denied his constitutional right to a full voir dire examination.
After commencement of the jury selection and prior to questioning, the trial judge instructed the entire jury panel to listen to what the attorneys said to the first set of prospective jurors in order to avoid unnecessary repetition. The entire panel
Please note for the record that counsel has been permitted on two previous occasions to explore the entire realm of reasonable doubt and the Defendant not testifing [sic], as well as, jurors being informed that fact by the Court. The Court feels this is repetitious, its already been covered....
The trial judge went on to state that defense counsel should ask if prospective jurors heard what had been said to the others and if they could accept and apply the principles of law explained earlier. On several occasions, the trial judge did limit defense questions directed at what a juror would be “thinking” if defendant did not testify. However, the trial judge then proceeded to instruct the juror on the proper law relative to defendant‘s right not to testify.
While it may have been improper for the trial judge to limit the individual questioning of prospective jurors on their understanding of defendant‘s right not to testify, it is evident from the record of the entire voir dire that the jurors were questioned, properly instructed and indicated their understanding of defendant‘s right not to testify. Many of the questions of defense counsel were unnecessarily repetitious. After reviewing the rulings of the trial judge on the record of the voir dire examination as a whole, we are satisfied that he afforded sufficient latitude to defense counsel in examining prospective jurors.
Assignment of Error No. 2 is without merit.
Defendant contends there was insufficient evidence to support his conviction for aggravated arson. Specifically, he argues that scorching is not sufficient evidence of damage to the building.
The question presented is whether, after reviewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the offense beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979); State v. Moore, 419 So.2d 963 (La. 1982).
In the instant case, defendant poured gasoline onto the ground next to the wall of an occupied motel and ignited it. The flames made contact with the wall, which was composed of brick and wood, and scorched it, causing damage to the building estimated at about ten dollars. Although the damage to the building was slight, it is sufficient to support the conviction. Additionally, there was ample evidence that defendant intended to damage the property by setting fire to it and that it was foreseeable to him that human life might be endangered. Hence, there was sufficient evidence for a rational trier of fact to convict defendant of aggravated arson.
Assignment of Error No. 12 is without merit.
DECREE
For the reasons assigned, defendant‘s conviction and sentence are affirmed.
DIXON, C.J., and DENNIS, J., dissents with reasons.
CALOGERO, J., dissents being of the view that Assignment of Error No. 2 is meritorious.
LEMMON, J., subscribes and assigns additional reasons.
DIXON, Chief Justice (dissenting).
I respectfully dissent.
I cannot agree that defendant was accorded the right of “full voir dire examination” under
DENNIS, Justice, dissenting.
I respectfully dissent.
The trial court repeatedly prevented the defense counsel from questioning prospective jurors as individuals, rather than as a panel, on certain significant questions. Under our previous jurisprudence interpreting the state constitutional guarantee of the right to full voir dire, the trial judge‘s actions constituted reversible error. In State v. Dixon, 365 So.2d 1310 (La. 1979), for example, we said:
Whatever else the right entails, it certainly includes addressing, hearing and observing the veniremen directly and as individuals. Otherwise, it would be difficult for counsel to judge whether a particular venireman in a group had given his own answer truthfully and candidly or if, in fact, he had answered at all. Because of the difficulty of the concepts and values which must be understood and applied by each juror in his deliberations, counsel for each side is entitled to an opportunity to assess the personality and comprehension of each prospect as a unique human being before accepting him as a juror or challenging him for cause or peremptorily. To relegate the defendant‘s attorney to the role of asking the veniremen en masse for an evaluation of whether they would answer “substantially” as other jurors clearly deprives him of essential insights into the understanding and attitudes of each prospective juror and denies his client
the right to full voir dire. State v. Jackson, [358 So.2d 1263 (La.1978)] supra. See, State v. Boen, [362 So.2d 519 (La. 1978)] supra; State v. Hills, [241 La. 345, 129 So.2d 12 (1961)] supra.
The majority should have: (a) rebuked the trial court for not following this interpretation of our state constitution; or (b) acknowledged that it had chosen to follow the trial judge in overruling or distinguishing all of our prior voir dire opinions. In either case, the majority should have taken notice of the relevant precedents, discussed them, and given good reasons for adhering to or breaking with them.
As a supreme court, this court should bear in mind that it is no longer the sole criminal appellate tribunal but that it has the responsibility for the authoritative interpretation of the law and the constitution for 48 intermediate court judges as well as 161 district judges with criminal jurisdiction.
LEMMON, Justice, subscribing to the opinion and assigning additional reasons.
Although the question is very close, I agree that the instances of voir dire limitation did not produce constitutional error.1 Compare State v. Duplessis, 457 So.2d 604 (La.1984), decided this day. However, trial judges who wish to avoid retrials would do well to remember that the accused is constitutionally entitled to a voir dire examination which will enable him to exercise intelligently his peremptory challenges, as well as challenges for cause, and that counsel is accordingly entitled to develop information beyond a juror‘s mere willingness to follow stated law.
The principal reason I am writing separately is to emphasize that we are declining to construe the Louisiana arson statutes only according to traditional common law notions of fire-caused property damage that results in some actual “wasting” (as opposed to “scorching“) of the structure. See R. Perkins, Criminal Law, Ch. 3, § 2B (2nd Ed.1969). Instead, we hold that aggravated arson occurs under
1. There is the slightest damage to: a structure, a watercraft, or a movable; and
2. The damage is caused either by (a) the intentional use of an explosive substance or (b) the intentional setting of a fire; and
3. The intentional criminal act (using an explosive substance or setting a fire which results in damage) creates a foreseeable possibility that human life will be endangered.2
When the statute is thus construed, the gravaman of the completed offense is any damage to certain types of property (structure, watercraft or movable) caused by a prohibited act (intentional use of explosives or setting of fire) which foreseeably endangers human life.3